Can I Be in Trouble for Installing Fake Security Cameras Aimed at a Neighbor?

Full question:

I recently installed 3 fake security cameras. The neighbors--the reason I installed them to begin with--called the cops. The cops came out, took pictures of my back yard--I guess to show where the cameras were pointed. They are not pointed at any windows and may only slightly have shown any of the neighbors house even if they were real. So I asked the cop what was going on and he said--just taking pictures of your cameras. I told him they were fake and he said--well if you get a call or someone comes out, you can explain that to them. He then left, no giving me any chance to show that they are indeed fake. I explained to the neighbors they were fake and they agreed not to take the report to the prosecutor's office. My question is: will this be the end of it? Since--supposedly--there is a case number--and they did take pictures will anything happen beyond this point? I talked to 911 dispatch who said I needed to talk to the officer who made the report. And she claims in the report it shows the officer noticed the cameras on a drive by without any complaint (the neighbor admits she complained). So if it shows the officer as filing the complaint or report without the neighbors initiating it, will this make the difference whether this is pursued or not? I have the proof they are fake but really would like to clear this up before any other action is pursued.

  • Category: Privacy
  • Date:
  • State: Indiana

Answer:

We are unable to predict the outcome of filing a police report. Generally, it will not matter who filed the complaint, as it will be a matter of subjective determination for the prosecutor to decide whether to pursue charges, based on all the facts involved. Typically, such a situation involves a claim of invasion of privacy, which is a civil rather than a criminal matter. If criminal charges are brought, criminal intent needs to be proven, so without having a wrongful intent, you shouldn’t need to worry about a criminal conviction. We suggest contacting city hall to find out if there are any local ordinances regulating such cameras.

In most cases, setting up a video monitor is legal unless the cameras represent an unreasonable violation of privacy or the images are being used for commercial purposes without a person's consent. A neighbor has a right to survey his property as long as he does not violate your rights to privacy. If the camera views the outside of your home and garden, it is generally not an invasion of privacy, but if the camera is surveilling the inside of the home, rights to privacy are violated.

The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. Any applicable CCRs should be carefully analyzed to determine if you complied with CCRs and architectural guidelines before installing the security cameras.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.